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Asian Survey
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ASEAN COUNTERTERRORISM
COOPERATION SINCE 9/11
Jonathan T. Chow
Abstract
This article examines ASEANs intramural counterterrorism cooperation from
9/11 through the Bali bombing of October 2002 and its effects on ASEANs
cohesion and the norm of non-intervention in members domestic affairs.
While the Bali bombing appeared to unify threat perceptions, domestic imper-
atives have significantly hindered substantive multilateral counterterrorism
efforts.
302
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JONATHAN T. CHOW 303
visible in the arrests of key terrorists and also in tangible steps toward greater
consultation and cooperation, such as intelligence sharing, joint training of law
enforcement, and efforts to standardize legal definitions of terrorism.
This article seeks to plot the trajectory of ASEAN counterterrorism cooper-
ation from before 9/11 to after the Bali bombing and to identify and explicate
the factors that have shaped this process. We begin by laying out ASEANs basic
norms of cooperation and examining how the association dealt with terrorism
prior to 9/11, showing that the problem was treated primarily as a domestic issue.
We explore certain individual member states diverse experiences with terror-
ism, showing that variation in domestic political stability strongly influenced
individual states stances toward regional counterterrorism cooperation, at times
creating friction among members with different priorities. Specifically, we fo-
cus on Indonesia, the Philippines, and Malaysia, because these states became
the focal points for American and ASEAN attention. Next, we examine the dy-
namics of intramural counterterrorism cooperation before and after the Octo-
ber 2002 bombing in Bali, arguing that the incident forced ASEAN members
to reevaluate their threat perceptions and helped move the states toward deeper
regional collaboration. Finally, we discuss how the ASEAN states have sought
to implement various counterterrorism initiatives while simultaneously adher-
ing strictly to the organizations norm of non-interference in domestic affairs,
even at the expense of other norms.
The chief argument here is twofold. First, multilateral counterterrorism co-
operation in ASEAN is based on common threat perceptions. The ASEAN states
varying domestic political situations and relations both with outside powers (es-
pecially the United States) and each other created divergent perceptions of friend
and foe, making regional cooperation difficult to achieve. Second, the prospect
of a regionalas opposed to domesticapproach to combating terrorism in
Southeast Asia created concerns within ASEAN that member states could vio-
late each others sovereignty and consequently foster domestic instability. These
concerns have been exacerbated in part by deeper American involvement in the
region, leading some states to resist intensive multilateral cooperation.
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304 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
1. For an excellent treatment of the subject of norms and identity formation in ASEAN, see
Amitav Acharya, Constructing a Security Community in Southeast Asia: ASEAN and the Problem
of Regional Order, Politics in Asia Series (London: Routledge, 2001), pp. 4779. The Declaration
of ASEAN Concord, the Treaty of Amity and Cooperation, and the ZOPFAN Declaration can be
found on the ASEAN website, !http://www.aseansec.org/90.htm".
2. Several past examples of divergent threat perceptions influencing individual member states
behaviors can be found in the case of Vietnams invasion of Cambodia in 1978. See, for instance,
Acharya, Constructing a Security Community, pp. 8485. See also Jurgen Haacke, ASEANs Dip-
lomatic and Security Culture: Origins, Development, and Prospects (London: RoutledgeCurzon,
2003), pp. 10104.
3. ASEAN, ASEAN Vision 2020, December 15, 1997, !http://www.aseansec.org/1814.htm".
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JONATHAN T. CHOW 305
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306 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
has a police force beset by corruption and an antiquated legal framework that
until March 2003 did not formally list terrorism as a crime or provide harsh
punishments for it.5 In short, to deal with terrorism as a regional issue required
that the ASEAN states carry out considerable standardization of political and
social mechanisms.
Such a concerted effort presupposes the existence of a shared perception of
terrorism as a threat. Because individual member states had encountered ter-
rorism within their borders across a wide spectrum of experience, they dif-
fered in their perceptions of the degree of threat and how to combat it. This, in
turn, influenced their positions on regional counterterrorism cooperation. An
overview of terrorist groups and the domestic political climate in several
ASEAN states will illustrate the origins of these divergent threat perceptions
and counterterrorism strategies.
In the Philippines, the Moro Islamic Liberation Front (MILF) and the Abu
Sayyaf Group both seek to establish an independent Islamic state in the primar-
ily Muslim southern province of Mindanao. Because of the large-scale nature
of the insurgency in the country, the government has adopted a strongly mili-
tary approach in combating it. During the 1990s, the MILF launched a series
of attacks throughout the southern Philippines, resulting in reprisals from the
army. As of this writing, formal negotiations between the government and
the MILF were scheduled to resume in February 2005, after an uneasy ceasefire
that has lasted since July 2003.
In Indonesia, the worlds most populous Islamic country, terrorism has been
linked to separatist movements in the provinces of East Timor, Irian Jaya, and
Aceh. Under former President Suharto, the Indonesian government employed
force to suppress political violence and dissent, as illustrated by numerous mil-
itary operations in those troubled provinces and elsewhere. The internal political
turbulence that followed Suhartos fall in 1998 created a more fertile environ-
ment for separatism and Islamic extremism. Domestic and international pres-
sure led to the 1999 referendum on independence in East Timor, resulting in
widespread violence by pro-Indonesian militias and a number of army units.
In May 2003, peace talks between the government and the separatist Gerakan
Aceh Merdeka (Free Aceh Movement, GAM) in the heavily Muslim province
of Aceh broke down, and Jakarta launched a major military crackdown there.
However, significant developments emerged in the wake of the December 26,
2004, tsunami, which devastated the region and killed as many as 150,000
people in Aceh alone.6 In early January 2005, GAM proposed a unilateral and
unconditional ceasefire, an action that the government in Jakarta welcomed.
5. Indonesia Needs Laws to Fight Terror, Straits Times (Singapore), January 31, 2002; Jusuf
Wanandi, Indonesia: A Failed State? Washington Quarterly 25:3 (Summer 2002), pp. 13546.
6. UN Predicts Aceh Toll of 150,000, Courier Mail (Queensland, Australia), January 20, 2005.
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JONATHAN T. CHOW 307
7. Brute Force Not the Way to Fight Terrorism: Dr M, Business Times (Kuala Lumpur), Feb-
ruary 6, 2002.
8. Nations Lay Their Cards on the Table, Herald Sun (Melbourne), October 9, 2001, p. 10.
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308 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
9. ASEAN admitted Vietnam as a member in 1995, Laos and Myanmar in 1997, and Cambodia
in 1999.
10. Thailand Gives Support to War on Terrorism, Bangkok Post, September 17, 2001.
11. Islamic Committee Urges Neutral Stance, ibid., October 3, 2001.
12. Terrorism: Spore Will Do Its Part, Straits Times, September 20, 2001.
13. Alexander Wendt, Collective Identity Formation and the International State, American
Political Science Review 88:2 (June 1994), p. 389.
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JONATHAN T. CHOW 309
sharp disagreements among members is less surprising than it might seem, be-
cause the document took a decidedly uncontroversial stance on the broad issue
of terrorism. The main points of the declaration were as follows:
Declaring that terrorism posed a formidable challenge to regional and interna-
tional peace and stability as well as to economic development;
Condemning the 9/11 attacks and [considering] such acts as . . . an assault on all of us;
Rejecting any attempt to link terrorism with any religion or race;
Review[ing] and strengthen[ing] . . . national mechanisms to combat terrorism;
Calling for enhanced information and intelligence sharing and regional cooperation
on law enforcement;
Calling for ASEAN members to sign, ratify, or accede to all relevant anti-terrorist
conventions including the International Convention for the Suppression of the Financ-
ing of Terrorism;
Declaring that the United Nations should play a major role in combating terror-
ism at the international level;
Declaring ASEANs intent to discuss and explore practical ideas and initiatives
to increase ASEANs role in and involvement with the international community . . . to
make the fight against terrorism a truly regional and global endeavour.14
The declaration did not address the primary sources of division within the
ASEAN organization, namely, the methods for combating terrorism through
multilateral cooperation and more directly, the extent to which such regional
cooperation would involve the United States. Nevertheless, the declaration was
significant as a statement of intent and an acknowledgement that terrorism
was a serious long-term issue that had to be faced.
Despite the issuance of the declaration, there emerged significant public dis-
agreement within ASEAN over how to combat regional terrorism. In February
2002, Singapore Senior Minister Lee Kuan Yew charged that Indonesia was
unwilling to hunt down a nest of terrorists within its own borders, pointing
out that alleged JI leaders Abu Bakar Baasyir and Ridduan Isamuddin (also
known as Hambali) were still living freely there.15 Indonesia responded an-
grily; Foreign Minister Hassan Wirajuda suggested that the divergent approaches
to combating terrorism derived from the two countries political systems, one
based on democratic pluralism and the other on authoritarianism.16 Hundreds
of demonstrators surrounded the Singaporean Embassy in Jakarta to protest
Lees statement. An Indonesian newspaper, the Koran Tempo, demanded in an
editorial that Singapore provide clear proof that a terrorist network existed in
14. ASEAN, 2001 ASEAN Declaration on Joint Action to Counter Terrorism, November 5,
2001, !http://www.aseansec.org/5620.htm".
15. Indonesia, Singapore at Odds on Terror, The Australian (Sydney), February 22, 2002.
16. Jakarta: Spore Is Too Authoritarian to Understand Us; Indonesias Foreign Minister Gets
in Jab at the Republic, Saying That in a Democratic System, Terrorism Must Be Dealt with Differ-
ently, Straits Times, February 25, 2002.
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310 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
Indonesia, noting that under the authoritarian Suharto regime, evidence could
easily be fabricated as a means to arrest people and suggesting that Singapore
was doing similarly to innocent Indonesians and infringing upon Indonesias
sovereignty.17 President Megawati appealed for calm, but her stance upset con-
servative Muslim groups, which demanded an apology from Lee and a reeval-
uation of diplomatic relations with Singapore. Although the row eventually
died down, it illustrated the tensions within ASEAN and the challenges that
counterterrorism cooperation posed to non-intervention norms.
Two issues are worth noting here: the first is Indonesias consciousness of
its precarious position in the region. The 1997 Asian economic crisis caused a
precipitous decline in the Indonesian rupiah, created social unrest, and severely
damaged Indonesias credibility with foreign investors, ultimately resulting in
a bailout by the International Monetary Fund (IMF). That credibility was fur-
ther tarnished by President Suharto, who was widely perceived during the cri-
sis as acting in the narrow interests of his relatives and close associates.18 As
such, after the 1997 crisis and Suhartos resignation, Indonesia became re-
garded by the international community as something of a pariah and was thus
extremely sensitive to criticism from without that might hinder its ability to
recover both economically and politically.
Second, nationalism had become a major factor within the equation of re-
gional cooperation, in some cases overriding regional identity.19 The autonomy
laws of 1999 gave some 400 districts across Indonesia a degree of self-governance
after decades of repression under the Suharto regime.20 This also opened the
floodgates to expressions of public opinion on foreign policy, making it harder
for political elites to implement unpopular policies such as crackdowns on rad-
ical Islamic militants or cooperation with the United States and ASEAN in the
war on terrorism. In short, domestic factors were proving to be a significant
hurdle to substantive regional cooperation.
Wendt argues that creation of a common identity among states can be hin-
dered in part by domestic pressures, competing identities, or an insecure sense
17. Singapore Perpetrating State Terrorism on Indonesia, Says Paper, ibid., February 27,
2002.
18. For a more thorough discussion of the effects of the Asian economic crisis on Indonesias
international credibility, see Judith Bird, Indonesia in 1998: The Pot Boils Over, Asian Survey
39:1 (January/February 1999), pp. 2737.
19. The primary reason for this was Suhartos removal from power in 1998 and subsequent po-
litical reforms under his successor, B. J. Habibie, which allowed a free press, political parties, and
free elections. For an examination of ethnic nationalism and separatism since 1998, see Edward
Aspinall and Mark T. Berger, The Break-up of Indonesia? Nationalisms After Decolonisation and
the Limits of the Nation-State in Post-Cold War Southeast Asia, Third World Quarterly 22:6 (De-
cember 2001), pp. 100324.
20. Wanandi, Indonesia: A Failed State? p. 136.
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JONATHAN T. CHOW 311
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312 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
On the Indonesian front, the United States moved quickly after 9/11 to se-
cure President Megawatis assurances of cooperation in counterterrorism efforts.
During a meeting with President George Bush in early October 2001, Mega-
wati was promised an attractive quid pro quo for cooperation in the war on ter-
ror: restoration of bilateral military ties severed after the 1999 East Timor crisis
and an aid package totaling some $657.4 million. This consisted of $10 mil-
lion to train Indonesian police, $17 million to assist refugees and rebuild infra-
structure, $130 million to finance legal and judicial reform, $100 million in
trade concessions through granting duty-free status to 11 Indonesian products,
and $400 million to promote trade and investment in the oil and gas sector.25
Like Arroyo, Megawati came under intense domestic pressure for promising
cooperation, particularly when American planes began bombing the Taliban in
Afghanistan. Mass protests against what many perceived to be American ter-
rorism ensued, and the Muslim Ulamas Council, Indonesias top Islamic au-
thority, called for a jihad against the United States in response to any attack on
Afghanistan.26
The November 2001 signing of the ASEAN Declaration on Joint Action to
Counter Terrorism prompted the United States to ensure its own involvement.
Alluding to the declaration, Admiral Dennis Blair, commander of U.S. forces
in the Pacific, was quoted as saying that there is also a very important re-
gional component here in Southeast Asia that the U.S. doesnt have a role in
and thats the ASEAN regional initiative.27 The United States hosted a one-
day dialogue with ASEAN in Washington that included talks on regional
counterterrorism strategies. ASEAN ministers left with the impression that the
United States was taking them far more seriously than in the past. Assistant
Secretary of State James Kelly indicated in his opening address that some
ASEAN countries could assist in the war on terrorism not only through finan-
cial, technical, and political support but also by serving as a model for a mod-
erate Islamic society.28
The prospect of direct involvement by the United States in the war against
terrorism in Southeast Asia created new cleavages within ASEAN, making uni-
fied threat perception more difficult. For some states, the prospect of linking
regional and domestic counterterrorism efforts with direct American involvement
posed a dilemma. While aid was welcome, collaboration in a war popularly
perceived to be anti-Islamic was not. Malaysia was particularly sensitive to such
25. U.S. Showers Indonesia with Promises, Jakarta Post, September 21, 2001.
26. Indonesias President Backs US. Does Her Country? Christian Science Monitor, Sep-
tember 28, 2001; Indonesian Moslem Clerics Call for Jihad Against U.S. and Allies, Deutsche
Presse Agentur, September 25, 2001.
27. U.S. Seeks Role in ASEANs Anti-Terror Drive, The Hindu (Chennai, India), November
18, 2001.
28. US Friendlier to ASEAN Now, Straits Times, December 1, 2001.
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JONATHAN T. CHOW 313
cooperation and criticized the Philippines for allowing the United States to
conduct joint military exercises aimed at eradicating the Abu Sayyaf Group.
Malaysian Foreign Minister Hamid Albar was quoted as saying, We have
always thought that the best way of handling internal or regional problems is
between regional countries.29
In spite of the difficulties encountered in forging substantive multilateral
cooperation, signs also appeared that ASEAN countries were improving com-
munication among themselves. In May 2002, the Philippines, Indonesia, and
Malaysia signed the Agreement on Exchange and Establishment of Communi-
cation Procedures, to which Thailand and Cambodia later acceded. The agree-
ment committed the signatories to share airline passenger lists, blacklists, and
computerized fingerprint databases, as well as engage in joint training exer-
cises and strengthen border controls by designating common entry and exit
points. The same month, the ASEAN states promulgated the work program
against transnational crime detailed above.
On August 1, 2002, U.S. Secretary of State Colin Powell signed the ASEAN-
United States Joint Declaration for Cooperation to Combat International Ter-
rorism. The declaration was little more than a general, non-binding exhortation
to greater counterterrorism cooperation, along with several suggestions on how
to achieve it. Nevertheless, senior ASEAN officials claimed that the declara-
tion set the stage for further (and presumably more substantive) bilateral and
multilateral pacts.30 However, some of the ASEAN states, especially Vietnam
and Indonesia, acceded only reluctantly, fearing that the declaration would
grant the United States a blank check to carry out military operations in the re-
gion. The original wording of the document stated that the United States
would act in accordance with the principles of sovereign equality, territorial
integrity and . . . non-intervention in the domestic affairs of other states,
while the final wording declared that it would merely recognize those prin-
ciples.31 Powells visit to Southeast Asia, which included the signing of the
declaration, was more notable for his bilateral talks with Indonesia, which re-
sulted in a pledge of $50 million in counterterrorism aid over three years. Most
of the money was destined for Indonesian police forces, thus allowing the
United States to circumvent restrictions against funding the armed forces.32
29. ASEAN Split on Anti-Terror Tactics, International Herald Tribune, February 4, 2002.
30. ASEAN Countries Benefit from Anti-Terror Pact, Straits Times, August 3, 2002.
31. US Wins Licence to Open Second Front in Terror War, The Times (London), July 30,
2002.
32. Indonesias Help with War on Terror Could Restore US Aid, Christian Science Monitor,
July 1, 2002; Military Aid to Indonesia Revived in War on Terror, Los Angeles Times, August 3,
2002; Powell Sees Progress in Restoring Military Ties with Indonesia, Associated Press, August
3, 2002.
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314 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
Some concrete multilateral action by ASEAN did follow the signing of the
declaration. Member countries agreed in late August to establish an ASEAN
Network Security Coordination Council to develop an information security
center and national Computer Emergency Response Teams to serve as early
warning systems against cyber-terrorism. On September 16, Singaporean au-
thorities announced the arrest of 21 men alleged to be members of JI who pur-
portedly had conducted reconnaissance and surveys of selected targets,
including the American embassy in Jakarta.33
To sum up, the post-9/11 period was marked by ASEANs attempts to change
its approach to terrorism from a primarily domestic to a more regional orienta-
tion. Two major internal cleavages influenced this effort. First, the ASEAN states
disagreed over the extent to which they should fight terrorism collectively, be-
cause of varying degrees of domestic political stability and fears of outside
meddling. Second, the states differed over how deeply the United States should
be involved in regional counterterrorism cooperation: for example, Singapore
and the Philippines supported American involvement, while Malaysia advo-
cated a more indigenous response to terrorism.
33. Threats and Responses: Detainees, New York Times, September 17, 2002.
34. US Warned Indonesia of Terror Threat, Sunday Times (London), October 13, 2002.
35. Time to Take the Gloves Off, Business Times, October 14, 2002.
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JONATHAN T. CHOW 315
36. ASEAN, Declaration on Terrorism by the 8th ASEAN Summit, November 3, 2002, !http://
www.ASEANsec.org/13154.htm".
37. Ibid.
38. Tim Dodd, Emergency Powers for Megawati, Australian Financial Review, October 19,
2002.
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316 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
39. Supporters Block Police from Arresting Bashir, Straits Times, October 21, 2002; Indon
Police Formally Arrests Abu Bakar, Says Spokesman, Malaysia General News (Kuala Lumpur),
November 4, 2002.
40. On September 2, 2003, an Indonesian court convicted Abu Bakar Baasyir of incitement to
overthrow the government but acquitted him of the charge of leading a terrorist organization, citing
insufficient evidence. Baasyir was sentenced to four years in prison but through a series of appeals
received two sentence reductions enabling him to walk free on April 30, 2004. Upon his release,
however, police immediately re-arrested him on terrorism charges, claiming that they possessed
sufficient evidence to link him to Jemaah Islamiyah. In January 2005, Baasyir was standing trial
in Jakarta on terrorism charges. On March 3, an Indonesian court convicted him on a charge of con-
spiracy related to the Bali bombing of 2002, dropping the more serious charges of terrorism.
Baasyir was sentenced to 30 months in prison with credit for 10 months time served. See Radical
Cleric in Indonesia Is Acquitted of Terrorism, New York Times, March 4, 2005, sec. A, col. 7, p. 12.
41. ASEANs Cold Shoulder a Stark Signal of Frosty Conditions, The Age (Melbourne), No-
vember 9, 2002.
42. Australia Not a Safe Place, Particularly for Muslims, Says Dr M, New Straits Times
(Kuala Lumpur), November 6, 2002.
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JONATHAN T. CHOW 317
an Asian country or a Western country. If you take the position of being a sheriff,
or deputy sheriff, to America, you cannot very well be accepted by the coun-
tries of this region. The prime minister went on to charge that Australia is
more belligerent than many European countries. You have never criticized any
of the acts of the Americans. Even to the point where the Americans want to
go off on their own and attack Iraq, Australia seems to be with the Americans.43
Despite these setbacks, there was some progress in multilateral counterter-
rorism, although it took the form of discussions rather than coordinated poli-
cymaking. In January 2003, ASEAN convened a two-day workshop in Jakarta
to discuss ways of thwarting money-laundering and funding for terrorist groups.
Member states established a regional counterterrorism task force to enhance
communication and agreed to work toward making terrorism an extraditable
offense. It is worth noting that Australia, which was collaborating with Indo-
nesian police in the Bali investigation, was invited to join the task force.
43. Its US and Them, to Malaysias Mahathir, Weekend Australian (Sydney), November 23,
2002, p. 17.
44. Hambali Talks Under GrillingSlaughter of Innocents, The Australian, August 21, 2003.
45. Malaysian Southeast Asian Counterterrorism Center to Bolster Regional Cooperation
Ople, Department of Foreign Affairs, Philippines, press release no. 32603, July 3, 2003, !http://
www.dfa.gov.ph/news/pr/pr2003/jul/pr326.htm".
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318 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
The amount and quality of discussion in ASEAN about terrorism also ap-
peared to improve. In March 2003, the ARF convened the first annual Interses-
sional Meeting on Counterterrorism and Transnational Crime (ISM CT-TC) in
Malaysia. This move was significant because it brought together not only ASEAN
countries but also extra-regional dialogue partners in an effort to share in-
formation and develop counterterrorist solutions. Participants include the EU,
the United States, Japan, China, Australia, and Russia. The meeting, while rel-
atively brief, nevertheless displayed ASEANs willingness to seek aid outside
its membership, albeit in a safe environment where member states could re-
main secure about their respective sovereignty. Among the topics discussed
were concrete methods for improving border controlssuch as standardized
travel documentation and the use of machine-readable passports and biometrics
and how developed countries could help less-developed countries implement
such technologies. Participants also identified the lack of timely and central-
ized information as an obstacle to effective counterterrorism and, as a start,
proposed compiling a roster of key counterterrorism officials worldwide to fos-
ter an international dialogue among those on the front line.46 The ASEAN
states appeared at least to have agreed that terrorism was indeed a real threat to
the region andrather than debating the nature of the threatwere now ex-
amining concrete ways to address it. While this was encouraging, it was only
the first step toward deeper, more substantive cooperation. ASEAN has begun
working to open up lines of communication with international powers, as indi-
cated by the annual ISM CT-TC joint declarations to combat terrorism with
the EU (January 2003), India (October 2003), Russia (June 2004), Australia
(July 2004), and an expanded ministerial meeting on transnational crime that
included China, Japan, and the Republic of Korea (AMMTC#3) for the first
time, in January 2004.
What caused ASEANs apparent volte-face? First, the arrest in several South-
east Asian countries of suspects linked to the Bali bombing underscored the
transnational nature of terrorism and helped to unify threat perceptions. No
longer could ASEAN members sit on the sidelines, believing that terrorism in
another member state did not affect them. The arrest of JI members through-
out Southeast Asia and the revelation of plans to bomb targets in relatively un-
scathed areas, such as Bangkok, helped to intensify the sense of direct threat
and galvanize states into action.
Second, the steps that ASEAN adopted to combat terrorism required rela-
tively minimal changes in domestic practices. If we examine the policies for
multilateral counterterrorism cooperation that emerged during the period from
2001 to 2004, it becomes evident the policies eschew controversial actions and
46. ASEAN Regional Forum, Report of the ARF Inter-Sessional Meeting on Counter-Terrorism
and Transnational Crime, March 2122, 2003, !http://www.aseansec.org/15133.htm".
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JONATHAN T. CHOW 319
assiduously avoid dictating how individual states should deal with terrorism
within their own borders. A good example is the Treaty on Mutual Legal As-
sistance in Criminal Matters, signed by eight ASEAN countries on November
28, 2004.47 The treaty allows states to seek assistance from one another in crim-
inal investigations pertaining to 190 different serious offenses, including money
laundering, hijacking, and murder. Such assistance includes the sharing of ev-
idence, service of legal documents, and recovery of criminal proceeds, but makes
no provision for extradition.48 Crucially, domestic laws take precedence over
implementation of the treatys provisions. This provides for some variation in
the degree of cooperation allowed among different dyads but also acts as a
safeguard against interference in domestic affairs, maintaining adherence to
ASEANs paramount norm of respect for sovereignty. The treaty will not take
effect until it has been ratified by the national governments of the signatories;
as of this writing in January 2005, no time frame had been set for ratification.
To a large extent, ASEANs post-Bali counterterrorism policies and actions
appear to cling more tightly to the norms of consensus and non-interference
than in the period immediately following 9/11. Although there has been an
increase in training workshops, information sharing agreements, and law en-
forcement cooperation, none of these multilateral arrangements have required
any of the member states to alter their domestic laws in ways that might court
controversy at home. While such flexibility is important to those ASEAN
states that risk antagonizing domestic constituencies through extensive coun-
terterrorism cooperation (e.g., Indonesia and the Philippines), it also slows the
pace of regional standardization of laws and enforcement practices.
Conclusion
There are several reasons why ASEANs initial efforts to combat regional ter-
rorism resulted in only minimal multilateral cooperation. As noted above, the
determinants of cooperation are a shared threat perception and the resolution
of dynamic tension between domestic and regional interests. In the period im-
mediately following 9/11, the ASEAN states were unable to agree on whether
terrorism was a major threat or a form of post-9/11 hysteria. This was evi-
denced by the sometimes radically different assessments proffered by state
leaders, as in the case of Megawati and Mahathir. The lukewarm Declaration
on Terrorism of the 8th ASEAN Summit in 2002 stands as strong evidence of
intramural indecision and an unwillingness to acknowledge fully the existence
of a regional threat. Such indecision reflected the difficulties that certain states,
such as Indonesia and the Philippines, encountered in trying to reconcile
47. The remaining two ASEAN countries, Thailand and Myanmar, were still considering add-
ing their signatures as well, as of this writing in January 2005.
48. Spore Signs Regional Legal Assistance Pact, Straits Times, November 30, 2004.
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320 ASIAN SURVEY, VOL. XLV, NO. 2, MARCH/APRIL 2005
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JONATHAN T. CHOW 321
self and other, leading to states seeing each other as extensions of themselves.49
If there was truly a strong collective identity, we would have expected to see
substantive multilateral cooperation and, more importantly, a willingness to
embrace such cooperation at the domestic level, because states would view
other ASEAN members as extensions of themselves. As this article has shown,
though, the ASEAN states are far from identifying with each other in the war
on terrorism, as evidenced through their divergent threat perceptions, rhetori-
cal volleys, and sometimes fierce resistance to substantial interdependent efforts
at counterterrorism.
What about the cooperation displayed in the aftermath of the Bali bombing?
Increased intelligence sharing and operational cooperation certainly represent
a notable improvement, as does the new focus on counterterrorism strategies in
the ARF and the new Intersessional Meeting on Counterterrorism and Trans-
national Crime. Yet, it remains to be seen just how far cooperation will go. The
real test of ASEANs capacity for cooperation lies in the ability of its diverse
member states to agree on substantive policy implementation and common stan-
dards, as well as on sharing responsibilities and costs. Since the costs of im-
plementation can be expected to vary drastically from state to state, it is likely
that such issues may create new rifts within ASEAN, or simply be ignored for
the sake of organizational unity. Even after cooperative processes have been
established, it may be difficult to maintain them as they encounter and perhaps
conflict with domestic and nationalistic motives. For instance, in August 2003,
after the arrests of several Malaysians suspected of being JI militants, then-
Deputy Prime Minister Abdullah Ahmad Badawi (now prime minister) angrily
dismissed suggestions that his country might be serving as a base for al-
Qaeda. Instead, he stated, the militants activities were very much inspired by
Indonesians who were here on permanent stay visits. They are the ones who
started all this.50 Unless such fractures can be mended or held in check, they
will continue to stand as obstacles to transparency, trust, and cooperation.
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